Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Toxic Injury

Every day, we are hearing a lot of bad news about the osteoporosis drug Fosamax. Made by Merck & Co., Fosamax has been a successful bone disease treatment on the market for over a decade. In January 2009, medical studies were released that hit the drug and its manufacturer hard. The first study links Fosamax to osteonecrosis, of the jaw, and the second, links Fosamax to esophageal cancer. Are these reports the Titantic that is about to hit the Fosamax iceberg?
fosamax_femur_fracture.jpg

Fosamax works by attacking cells in the body responsible for bone breakdown, which can help patients dealing with osteoporosis. At the same time, if the drug is too efficient, it can cause the bone to grow too dense, which takes up inner bone space where bone marrow is found. Bone marrow is responsible for bone healing and growth, so without enough marrow, the bone will die. If you do break a bone that has been subjected to Fosamax and similar drugs it won’t heal.

Medical studies linking the drug to esophageal cancer report that many of those affected had used the drug for over two years. One thing is certain – we are only seeing the tip of the iceberg when it comes to Fosamax injuries. Currently there are over 1,000 Fosamax lawsuits in litigation, and as more studies are done to confirm the allegations against the drug, we may see even more patients coming forward.

Fosamax, when used over time, can cause dead jaw, and Fosamax femur fractures have been a major problem in some cases. When you have osteoporosis, your bones become extremely fragile, and fractures can happen even with just a bump or gentle fall. Most often, fractures happen in the hips, spine, and wrists. If you break your hip, you typically need major surgery to fix it, and even then, you may have problems walking for the rest of your life. With spinal fractures, the same is true, and patients generally have back pain and may have to deal with deformities.

Fosamax and the following drugs Actonel (risedronate sodium) tablets, Actonel with Calcium (risedronate sodium with calcium carbonate tablets), Atelvia (risedronate sodium) delayed-release tablets, Boniva (ibandronate sodium) tablets, Fosamax (alendronate sodium) tablets and oral solution, Fosamax Plus D (alendronate sodium/cholecalciferol) Tablets, Reclast (zoledronic acid) Injections are now required to have clear warning labels regarding low-energy, or low trauma fractures of the femoral shaft (leg bone).

As a Fosamax osteoporosis attorney, I suggest discussing this drug with any elderly female friends and relatives as they may be unaware of the current crisis and the FDA’s warnings.

Continue reading

Lung Cancer, Mesothelioma and Asbestos Exposure

This article is one in a series of articles that I am writing as a Dallas Mesothelioma Attorney to educate folks about the man made toxins in the environment. Mesothelioma is called a “signature” disease—which indicates that the person was exposed to the causative agent. If someone has mesothelioma, they were almost certainly exposed to asbestos.

dallas_fort_worth_mesothelioma_attorney.jpg

Mesothelioma rates continue to climb and by some estimates is set to peak around 2012-2015. Asbestos has been placed in many buildings as a fire retardant and insulator and now because of the long latency period, many contractors, pipe fitters and plumbers are coming down with the disease, some including folks who had exposure as long as 30-40 years ago. What a national tragedy.

Lung cancer, is a multi-factorial disease—Environmental factors are important in lung cancer causation. Lung cancer is cancer that starts in the lungs.

There are two main types of lung cancer:

Non-small cell lung cancer (NSCLC) is the most common type of lung cancer.

Small cell lung cancer makes up about 20% of all lung cancer cases. If the lung cancer is made up of both types, it is called mixed small cell/large cell cancer.

If the cancer started somewhere else in the body and spread to the lungs, it is called metastatic cancer to the lung.

The most important environmental factor is smoking. Asbestos exposure is important risk for development of lung cancer. Exposure to asbestos increases your risk of developing cancer—by an average of five times the risk of a non-smoker who was not exposed to asbestos.

Smoking makes a person ten times more likely to develop lung cancer. But for someone who smokes and was also exposed to asbestos, the risk of developing lung cancer is 50 times higher.

The National Cancer Institute (NCI) has included construction workers (including plumbers, electricians, painters and other construction-related trades), demolition workers, shipyard workers, firefighters and automobile mechanics among those at risk for dangerous asbestos exposures.

See NCI Asbestos Fact Sheet.

Continue reading

As a Texas Topamax Dangerous Drug attorney, I am providing this latest FDA warning regarding Topamax.

This latest announcement by the FDA (see below) is particularly worrisome, as it demonstrates the teratogenic side effects of Topamax and the generic versions of this commonly utilized drug.

The U.S. Food and Drug Administration (FDA) issued a warning about Topamax (topiramate), an anticonvulsant medication which is used in the prevention of migraine headaches and epileptic seizures. New medical study shows that Topamax and its generic versions increases the rate of cleft lip and cleft palate deformities if taken by women who are pregnant.

Cleft lip and cleft palate deformities are holes in the roof of the mouth that result from improper fusing of the lip and the palate during fetal development during pregnancy. The mouth birth defects can cause problems with eating and talking if not treated with surgery.

Product labeling for Topamax cautions about the risk of birth defects associated with the medication, but the warning label will now be revised to include stronger language that there is “positive evidence of human fetal risk based on human data.”

Cleft lip and palate is very treatable; however, the kind of treatment depends on the type and severity of the cleft.

Most children with a form of clefting are monitored by a cleft palate team or craniofacial team through young adulthood. Treatment procedures can vary between craniofacial teams. For example, some teams wait on jaw correction until the child is aged 10 to 12 (argument: growth is less influential as deciduous teeth are replaced by permanent teeth, thus saving the child from repeated corrective surgeries), while other teams correct the jaw earlier (argument: less speech therapy is needed than at a later age when speech therapy becomes harder).

Still prevention is better than the cure, so best avoid the use of Topamax during pregnancy or if cannot, then use contraceptive devices.

Continue reading

Dallas Topamax Cleft Palate Cleft Lip Attorney warns about the side effects of Topamax during pregnancy.

As I have previously reported, the FDA has required the makers of Topamax and generic topiramate to update their warning label regarding use of the Topamax drug during pregnancy. The usage of Topamax during pregnancy, can cause children to be born with a cleft lip or cleft palate. And shockingly enough, it appears that this particular birth defect information has been available for years and that Topamax birth defect side effects may cause malformations. Folks, the manufacturers have failed to adequately research their medication or warn consumers and doctors.

The medical journal Neurology, in July 2008, reported that pregnant women who received Topamax for epilepsy treatment, faced an increased incidence of babies with birth defects or congenital malformations. Topamax use during pregnancy was linked to babies born with cleft lip or cleft palate at a rate 11 times higher than would be expected in the general population and babies born with genital defects at a rate 14 times higher than would be expected.

Apparently this research and other post-marketing data was available to the Topamax manufacturers, and they failed to warn women about the risks of pregnancy and Topamax. If proper warnings was provided, these women could have chosen to take a different drug or taken contraception to ensure they did not become pregnant while on Topamax.

According to reports made to the North American Antiepileptic Drug Pregnancy Registry, the prevalence of oral clefts in children born to mothers who used Topamax while pregnant was 20 times higher than among women who did not take any antiepiletic drug. When compared to other epilepsy drugs, the prevalence of birth defects was still 2-3 times greater with Topamax pregnancy use.

Because of the drug makers’ decision not to disclose this important information, there are many children who have experienced birth defect problems. Compensation may be available through a Topamax cleft palate or Topamax lip lawsuit for children who were exposed to the drug before they were born.

Continue reading

As a Dallas Mesothelioma and Asbestos Attorney, I am reporting this Virgina Mesothelioma verdict against Exxon.

A jury awarded a former shipyard employee $25M in his lawsuit against Exxon for asbestos-related medical problems. The suit was filed against Exxon, the ship owner, rather than the parts supplier.

dallas_fort_worth_mesothelioma_attorney.jpg

The lawsuit argued that Exxon knew about the problems with asbestos, and even developed rules to protect workers at refineries beginning in 1937, but did not warn shipyard workers or crew members.

An attorney for the worker said the case proved Exxon knew about the cancer link since the 1940s, and knew by the 1960s that it caused mesothelioma.

Asbestos is a carcinogenic fiber that causes lung cancer and mesothelioma, a rare and aggressive cancer of the lining of the body’s major organs and cavities. Asbestos was used in construction for over a century because of its versatility and heat resistance, making it an ideal insulator.

Continue reading

As a Dallas Hip and Knee medical device product liability attorney I am providing this update regarding the Zimmer Durom Cup litigation involving premature hip replacement failure and the current DePuy metal on metal ASR hip replacement lawsuits.

DePuy_Personal_Injury_Recall_Attorney.jpg

For medical device makers, hip and knee replacements are increasing in the next few decades because of the surge in baby boomers. As a result we expect artificial hip and knees implant failures to increase.

In the Zimmer Durom Cup Product Liability Litigation, MDL NO. 2158, which is pending in the US District Court in Newark, New Jersey, the Court ordered all cases to proceed to mediation. Zimmer said they are anxious to settle for a “fair amount,” which will include lost wages and medical bills and revision (or replacement) surgery as a result of failed Zimmer hip. The first mediation started in San Francisco and mediations will follow nationwide so that the Zimmer victims can meet with Zimmer representatives.

The Durom Cup was implanted in more than 12,000 patients in the US between 2006 and 2008. In July 2008, Zimmer announced that it was temporarily suspending sales of the Durom Cup in the US, but denied any “evidence of a defect with its product.” The complaint alleges that the failure rate of the Durom Cup is between 20 percent and 30 percent and likely will climb much higher in the next few years.

Now we have litigation that has commenced with the DePuy metal on metal ASR hip replacements. These Johnson and Johnson metal on metal ASR hips also fail at an unacceptable rate. These cases have been consolidated in the Northern District of Ohio federal court MDL.

Continue reading

As a Dallas Toxic Tort attorney I am providing this environmental pollution story.

Conroe Texas is ground zero in a battle between this Houston city, and EPA regulators against Texas environmental officials who approved an underground landfill. In Conroe, the fear is of contaminated water that could cause permanent harm to the only water source for the half-million residents in Montgomery County. And that aquifer feeds additional underground streams that provide water to millions of people in 54 counties.

“Once your water is dirty, you’ll never get it clean again,” said Rebecca Kaiser, a Conroe resident.

TexCom Gulf Disposal LLC, wants to inject liquid commercial waste into a well underground, that could include cancer-causing benzene and other toxic chemicals. This injection well is less than a mile from hundreds of homes and several schools.

dallas_benzene_cancer_attorney.jpg

The proposed waste site in Conroe is an oil field with hundreds of abandoned wells. The U.S. Environmental Protection Agency is concerned that these wells could act as a pathway for the waste to travel to aquifers, and contaminate the drinking water.

There have been many similar problems in Texas, for example in Winona — an East Texas town where a company was forced to close its injection well in 1997 because of spills that residents alleged increased cancer rates and birth defects.

Also in 2005 in Chico, a North Texas town, where waste from an injection well bubbled up through other wells. Finally radioactivity forced the shutdown of municipal water wells.

Continue reading

As a DePuy ASR Hip Recall attorney, I would to update the recipients of faulty DePuy ASR hip implants not to preserve their legal rights as Johnson & Johnson offers an early hip replacement settlement.

Before you accept this early hip replacement settlement offer, please seek a second opinion from a knowledgeable and experienced DePuy attorney.

DePuy_Personal_Injury_Recall_Attorney.jpg

DePuy considers certain minor medical expenses reasonable for patients that experience DePuy hip side effects. But a DePuy hip lawsuit is necessary to get compensation for past, present and future medical therapies, lost wages, pain and suffering.

A second implant surgery is necessary for some patients because of a high failure rate for two of their devices. The DePuy Hip Recall includes the DePuy ASR Hip Resurfacing system and the ASR XL Acetabular Cup system.

Medical reports suggest that one in eight patients will require a revision surgery within five years of their first implant.

This DePuy hip recall litigation suggests that patients will be observed closely for any side effects in the foreseeable future, including continued pain, inflammation, metallosis, difficulty walking or other DePuy ASR hip replacement side effects.

Continue reading

As a Dallas Fort Worth Toxic Injury attorney I am providing this information regarding toxic pollution of our natural resources and drinking water.

Thousands of internal documents obtained by The New York Times from the EPA, state regulators and drillers show that the dangers of fracking to the environment and health are greater than previously understood.

dallas_fort_worth_toxic_injury_attorney.jpg

The documents reveal that the wastewater, which is sometimes hauled to sewage plants not designed to treat it and then discharged into rivers that supply drinking water, contains radioactivity at levels higher than previously known, and far higher than the level that federal regulators say is safe for these treatment plants to handle.

As a Dallas Fort Worth Asbestos Mesothelioma Attorney, I am providing this promising new cancer regimen for devastating mesothelioma disease.

Southwest Oncology Group (SWOG), a consortium of 19 cancer testing centers, is in the process of conducting Phase 1/Phase 2 trials on the use of cediranib maleate in combination with pemetrexed disodium (marketed as Alimta) and cisplatin to treat mesothelioma patients who have not received previous chemotherapy treatment.

dallas_fort_worth_mesothelioma_attorney.jpg

Mesothelioma is caused by inhaling or ingesting asbestos fibers. At least 2,500 Americans are diagnosed with this deadly disease each year, most in the final stages. A typical prognosis for mesothelioma, at this stage, is about a year to live.

Mesothelioma, which occurs in 3 out of 4 cases in the mesothelial lining around the lungs, is often treated with surgery, radiation and chemotherapy, or a combination of, but most treatments are considered palliative rather than curative. That is, they reduce pain and improve breathing, but in most cases do not extend lifetimes beyond a few months at best. Pemetrexed and cisplatin, a platinum-based compound, are the chemicals of choice for treating mesothelioma.

The addition of cediranib maleate (sometimes called AZD2171, or Recentin), because of its ability to block the delivery of needed enzymes and blood to cancer cells, is expected to improve the performance of the Alimta/cisplatin package of chemotherapy agents.

Continue reading

Contact Information